Introduction

Here at Acumen we take your privacy seriously and are committed to protect and respect your privacy. We aim to comply with best practices when it comes to data protection acts and regulations governed in each jurisdiction we are located and operate from:

• United Kingdom’s General Data Protection Regulation (“GDPR”), effective May 2018;
• Bermuda’s Personal Information Protection Act of 2016 (“PIPA”), effective December 2018;
• South Arica’s Protection of Personal Information Act of 2013 (“POPIA”), effective July 2020;
• Data Protection Law (2017) of the Cayman Islands, effective September 2019;
• Singapore’s Personal Data Protection Act (“PDPA”), effective July 2014.

This policy explains:

• Who we are;
• How we collect information and what type of information is collected from you;
• How we use information collected from you;
• How we share your data;
• How long we keep your data;
• International Data transfers;
• How we keep your data secure;
• Your rights; and
• How you can contact us.

This notice applies to information held in the course of providing the following services to our clients:

• Short term Placements and Secondments
• Outsourced Accounting and Payroll
• Recruitment
• Insurance Management
• Corporate Administration Services
• Run-off acquisition
• Work permit administration

Who are “we”?
When we refer to “we” (or “our” or “us”), that means the Acumen Group and all its subsidiaries and affiliates. Our headquarters are in Bermuda, but we also operate and have offices in the United Kingdom, South Africa, the Cayman Islands, Mauritius and Singapore.

We specialise in providing interim secondments, placement and recruitment services, insurance management services, accounting and payroll outsourcing, corporate administration services, the acquisition of run-off insurance companies and offer work permit administration services for such permits issued in Bermuda.

For European Union data protection purposes, when we act as a controller in relation to your personal data and that data is outside of the European Economic Area, then Nick Briggs will act as our representative in the European Union, located at our United Kingdom office.

How do we collect information and what type of information is collected from you?
Recruitment services: We will collect, store and use the following categories of personal information about you in order to allow us to assist individuals in finding work with hirer clients, whether this is directly or through supply by us.

• name, address and contact details, including email address and telephone number;

• details of your qualifications, skills, experience and employment history;
• information about your current level of remuneration, including benefit entitlements;
• whether or not you have a disability for which we need to make reasonable adjustments during the recruitment process, and
• information about your entitlement to work in the UK.

Personal data or personal information, means any information relating to an identified or identifiable natural person.

We may collect this information in a variety of ways. This includes:

• data in application forms;
• cv’s or resumes you share with us;
• obtained from your passport or other identity documents;
• collected through interviews or other forms of assessment;
• social media;
• online jobsites;
• other candidates.

Outsourced payroll: We will collect your personal data directly from your employer as agreed in a service level agreement between your employer and us. Data collected will be what is required for us to perform our service as documented in the service level agreement.

Outsourced accounting: We may be required to collect and maintain personal data for know-your-client (“KYC”) purposes or for purposes of managing an entity’s social insurance, health insurance, pension or other accounts for outsourced accounting clients.

Corporate administration services: We will collect the personal data directly from the officers of the company for which we are performing this service. This will include personal information such as identification documents and other information as required by law in the jurisdiction in which you operate.

Acquisition of run-off insurance companies: From time to time we may collect personal data as a result of an acquisition of insurance policies, to which you may be party, which will be as a result of an agreement between the acquired insurance company and us.

Work permit administration: When contracted by your prospective employer in Bermuda, we may collect from you, personal data concerning your work permit application.

Personal data collected from website: When you visit our website, www.acumengroup.com, we may collect personal data provided by you such as your first name, last name and e-mail address.

Marketing material: We collect, based on your consent, and maintain a database of your contact information for the purposes of sharing marketing material with you.

How do we use information collected from you?

Recruitment services: Information obtained will be used in the following ways:

• to provide our services to you. Our services consist of introducing candidates to clients for the purpose of temporary or permanent engagements;
• to contact you about jobs that we think you may be interested in; and
• to manage our relationship with you.

We will also use your personal information to:

• check you are legally entitled to work in the UK or the country where you are assigned or employed.
• ascertain your fitness to work;
• carry out pre-employment screening checks;
• verify information about you which we may do using publicly available sources.

We have a legitimate interest in processing personal data during the recruitment process and for keeping records of the process. Processing data from job applicants allows us to manage the recruitment process, assess and confirm a candidate’s suitability for employment and decide to whom to offer a job. We may also need to process data from job applicants to respond to and defend against legal claims.

We may process special categories of data, such as information about ethnic origin, sexual orientation or religion or belief, to monitor recruitment statistics. It may also collect information about whether applicants are disabled to make reasonable adjustments for candidates who have a disability.

We will not use your data for any purpose other than the recruitment exercise for which you have applied.

Outsourced payroll: Information will be used to perform our services as documented in the service level agreement. We may also use your information to complete returns and surveys such as the annual employment survey or to add, remove or submit adjustments to pension or health insurance providers or the Department of Social Insurance.

Outsourced accounting: Personal information such as employee names and social insurance numbers will be used to reconcile accounting records to statements such as those received from the Department of Social Insurance or health insurance providers. We will also keep details such as names, passport numbers and addresses of Directors and shareholders on record for KYC purposes.

Corporate administration services: We will maintain personal information of the officers of a company on company registers.

Acquisition of run-off insurance companies: Information will be used as agreed upon between the acquired insurance company and us.

Work permit administration: Personal information collected from you will be used for your work permit application in Bermuda and will be kept on record for any renewals of your work permit.

Personal data collected from website: Information will be used to contact and/or respond to your queries as logged on our website.

Marketing material: We use your contact information to send you marketing material in respect of the services that we perform. Should you wish not to receive such material you can withdraw your consent by contacting us.

How do we share your data?

Recruitment services: Your information may be shared internally for the purposes of the recruitment exercise. This includes members of the recruitment team, interviewers involved in the recruitment process, managers in the business area for which you may be considered and IT staff if access to the data is necessary for the performance of their roles.

We will share your data with the following selected third parties:

• potential clients and business partners to find you a suitable position;
• the client that we place you with to manage our relationship and to make payment of invoices; carry out pre-employment screening checks;
• individuals and organizations who hold information related to your reference or application to work with us, such as current, past or prospective employers, educators and examining bodies and employment and recruitment agencies;
• Subcontractors including email marketing specialists, event organisers, payment and other financial service providers.
• Third parties under duty to disclose personal data to comply with any legal obligation, or to enforce or apply to our terms and conditions or supply of services.

Outsourced payroll services: We will only share your data if required to do so by law (i.e. as part of a government return of survey) or in the course of the carrying out the services agreed upon. For example, if part of our service offering under the agreement is to register new employees with the Department of Social Insurance, we will have to share personal information with the Department for this reason.

Outsourced accounting: We may be required to share your personal data with the Department of Social Insurance, health insurance providers and any pension funds to which you are subscribed to.

Corporate Administration services: We will share the personal information of Directors of a Company with the Registrar of Companies as required to in order to add them to the Directors Registry.

Acquisition of run-off insurance companies: We will only share your data if it is required to fulfil a contractual agreement to which you are a party and doing so will result in the fulfilment of that agreement.

Work permit administration: Your personal data will be shared with the Bermuda Department of Immigration in relation to your work permit application.

Personal data collected from website: We will not share data collected from the website and will be only be used within our network of companies.

Marketing material: Your contact information is only shared within our network of companies with respect to sending you marketing material.

How long do we keep your data?

The length of time we keep your personal data depends on what it is and whether we have an ongoing business need to retain it (for example, to provide you with a service you’ve requested or to comply with applicable legal, tax or accounting requirements).

We will retain your personal data for as long as we have a relationship with you and for a period of time afterwards where we have an ongoing business need to retain it, in accordance with our data retention policies and practices. Following that period, we’ll make sure it’s deleted or anonymised.

International Data transfers

When we share data, it may be transferred to, and processed in, countries other than the country you live in, such as South Africa and Mauritius, where some of our outsourced accounting and payroll operations are located or the United Kingdom, where some of our Insurance Management and Run-Off operations are located. These countries may have laws different to what you’re used to. Rest assured, where we disclose personal data to a third party in another country, we put safeguards in place to ensure your personal data remains protected. For individuals in the European Economic Area (EEA), this means that your data may be transferred outside of the EEA. Where your personal data is transferred outside the EEA, it will only be transferred to countries that have been identified as providing adequate protection for EEA data, or to a third party where we have approved transfer mechanisms in place to protect your personal data.

By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy notice.

All information you provide to us is stored on our secure servers.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

For further information, please contact us using the details set out in the Contact us section below.

How do we keep your data secure?

Security is a priority for us when it comes to your personal data. We are committed to protecting your personal data and have appropriate technical and organisational measures in place to make sure that happens. For more information about security, please contact us using the details set out in the “Contact us” section below.

What rights do you have?

Right of access by the data subject: You have the right to obtain from us confirmation as to whether or not personal data concerning you is being processed, and where that is the case, to gain access to your personal data.

Right to rectification: You have the right to obtain from us without undue delay the rectification of inaccurate personal data. Taking into account the purposes of the processing, you have the right to have incomplete personal data completed, including by means of providing a supplementary statement.

Right to erasure (‘right to be forgotten’): You have the right to obtain from us the erasure of personal data concerning you without undue delay and we have the obligation to erase personal data without undue delay depending on certain legal provisions.

Right to restriction of processing: You have the right to obtain from us restriction of processing depending on certain legal provisions.

Right to data portability: You have the right to receive the personal data concerning you, which you provided to us, in a structured, commonly used and machine-readable format and have the right to transmit this data to another controller without hindrance from the us to which the personal data have been provided.

Right to object: You have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you, including profiling. We shall no longer process the personal data unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of yourself or for the establishment, exercise or defence of legal claims.

Automated individual decision-making, including profiling: You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you.

If you would like to exercise any of these rights, please our Data Compliance Officers (DPO) and they will supply you with the necessary request forms required to action your request.

Changes to our privacy notice

We reserve the right to makes changes to our privacy notice without prior notice.

How can you contact us?

We have appointed two DPO’s who are responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy notice, including any requests to exercise your legal rights in relation to your personal data, please contact the DPO:

By post:

Bermuda:
Burnaby Building
16 Burnaby Street
Hamilton, HM11
Bermuda

United Kingdom:
Southgate Chambers
37-39 Southgate Street
Winchester, SO23 9EH
England

Cayman Islands:
PO Box 707 Camana Bay
Grand Cayman KY1-9006
Cayman Islands

By email:

Bermuda:
dpobm@acumengroup.com

United Kingdom:
dpouk@acumengroup.com

Cayman Islands:
dpoky@acumengroup.com

For more information on any of the provisions contained in this notice please feel free to contact us by:
Phone: +1 441 400 6001